Agriculture, Food and Rural Affairs

Appeal Tribunal

1Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales

1, chemin Stone Ouest

Guelph ON N1G 4Y2

Tel: (519) 826-3433, Fax: (519) 826-4232

Email: appeals.tribunal.omafra@ontario.ca

Guelph ON N1G 4Y2

Tél.: (519) 826-3433, Téléc.: (519) 826-4232

Email: appeals.tribunal.omafra@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Ontario Federation of Agriculture Accreditation #2

OFA Accreditation (RE) #2 2012 ONAFRAAT 39

STATUTE:

Farm Registration and Farm Organizations Funding Act, 1993

HEARING:

December 6, 2012

DATE OF DECISION:

December 6, 2012

2012-39

NEUTRAL CITATION:

2012 ONAFRAAT 39

Ontario Federation of Agriculture Accreditation #2

IN THE MATTER OF: SECTIONS 4 AND 5 OF THE FARM REGISTRATION AND FARM ORGANIZATIONS FUNDING ACT, 1993.

AND IN THE MATTER OF: An application to the Agriculture, Food and Rural Affairs Appeal Tribunal by the Ontario Federation of Agriculture (OFA) for accreditation under Subsection 4(1) of the Act.

Before: Kirk Walstedt, Chair; Susan Whelan, Vice-Chair

Appearances:

Mark Wales - President, OFA

Neil Currie - General Manager, OFA

Lori Perkes - Director, Finance and Human Resources, OFA

Jason Bent - Manager, Farm Policy Research Group, OFA

Kristopher Crawford-Dickinson - Counsel for the Minister of Agriculture, Food and Rural

Affairs

DECISION OF THE TRIBUNAL

Background

This matter was heard by the Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal) in Guelph, Ontario on December 6, 2012. The Ontario Federation of Agriculture (the OFA) applied to the Tribunal to become an accredited farm organization pursuant to section 4(1) of the Farm Registration and Farm Organizations Funding Act, 1993 (the Act). The OFA was not reaccredited as a result of a Tribunal decision dated May 23, 2012. The OFA subsequently applied for accreditation again in June 2012, and in a decision issued November 14, 2012, that application was refused.

On November 15, 2012, amendments to Ontario Regulation 723/93 under the Act were made by means of Ontario Regulation 363/12, which amended the criteria for accreditation and reaccreditation for a specified period of time. The new criteria under which this application is to be considered, are as follows:

5(1) 1. It has an annual membership fee of at least $195, including applicable taxes.

5(1) 2. It is incorporated under a general or special Act of the Legislature.

5(1) 3. Its purpose is to represent persons carrying on farming businesses.

5(1) 4. It provides advice and analysis to governments, administrative tribunals or

advisory bodies concerning agricultural issues and the development of

programs or policies that are of interest to persons carrying on farming

businesses.

5(1) 5. It has entered into, or agreed to enter into, an agreement with the Minister

and the accredited farm organizations to provide special funding to the

francophone organization that is eligible for special funding under section 12

or 13 of the Act.

5(2) A farm organization does not meet the criterion prescribed in paragraph 3 of

subsection (1) if it represents only persons carrying on a farming business in

which only certain crops, livestock or poultry are raised or in which only certain

agricultural products are produced.

Application by the OFA

The OFA filed evidence and also provided oral submissions in support of its application. The Tribunal’s findings with respect to the written and oral submissions by the OFA are outlined below following each of the criteria provided in Ontario Regulation 723/93 as amended.

5(1) 1. It has an annual membership fee of at least $195, including applicable taxes.

The Tribunal is satisfied this criterion has been met.

5(1) 2. It is incorporated under a general or special Act of the Legislature.

The Tribunal is satisfied this criterion has been met.

5(1) 3. Its purpose is to represent persons carrying on farming businesses.

The Tribunal is satisfied this criterion has been met.

5(1) 4. It provides advice and analysis to governments, administrative tribunals or

advisory bodies concerning agricultural issues and the development of

programs or policies that are of interest to persons carrying on farming

businesses.

The Tribunal is satisfied this criterion has been met.

5(1) 5. It has entered into, or agreed to enter into, an agreement with the Minister

and the accredited farm organizations to provide special funding to the

francophone organization that is eligible for special funding under section 12

or 13 of the Act.

The Tribunal is satisfied that the OFA intends to enter into an agreement with the Minister to provide special funding to the eligible francophone organization and therefore this criterion has been met.

5(2) A farm organization does not meet the criterion prescribed in paragraph 3 of

subsection (1) if it represents only persons carrying on a farming business in

which only certain crops, livestock or poultry are raised or in which only certain

agricultural products are produced.

The Tribunal is satisfied that the OFA meets this criterion and represents a broad spectrum of farming interests within Ontario.

Kristopher Crawford-Dickinson, counsel for the Minister of Agriculture, Food and Rural Affairs made a submission in support of the OFA’s application and accreditation.

Finding

Based on the evidence filed and the submissions made, the Tribunal finds the OFA met all the prescribed criteria for accreditation as a farm organization.

Order

Based on the above stated findings, it is the decision of the Tribunal that the OFA be accredited as a farm organization under the Farm Registration and Farm Organizations Funding Act, 1993 for a period of three years commencing December 6, 2012.